January 3, 2005
Once again, certain dissidents in this state are making noise
about re-writing Alabama's 1901 state Constitution. Some
claim that it is too lengthy. Some say it is outdated.
Too lengthy--yes--with those hundreds of needless amendments.
Outdated? No! Fundamental principles are never out of date. Their
proposed revisions are not what any freedom-loving American would
tolerate. They want to repeal the very safeguards that prevent
the state and local governments from running over us even
If one wants a quick and easy fix for our state Constitution,
let's just repeal the 700+ amendments--all of them. And yes,
I would gladly give up the 20 or 25 good amendments to get rid of
the hundreds of rotten ones that should have never seen the light
of day in the first place.
Beyond that, if anybody wants to tamper with our Constitution,
he had better be a serious, knowledgeable, principled
libertarian. No statists, socialists, autocrats, communists, or
any other big government types need apply.
Even though we have one of the strongest state Constitutions,
it does have some serious loopholes. Most people would never
notice the vast majority of them with casual reading. But if they
should read it and then look over this material, many will
quickly become apparent.
These suggestions are hereby offered to all who want to voice
an input on revising our Constitution whenever and wherever that
motion should arise. Of course, it is wishful thinking to hope
they would all be adopted in a single sweep. But at least some
can be utilized to ensure that any re-write will not leave us
naked and vulnerable.
A few paragraphs are verbatim from the original 1901 document.
Others are re-writes with the loopholes eliminated. But most of
the material is new.
NOTE: This is NOT a complete constitution. It is only the
Preamble, Purpose of government, and declaration of Rights.
Except for revising the portions that conflict with this
proposal, the remainder of the Constitution can be the same as in
the 1901 document.
We, the sovereign people of the State of Alabama, in order to
establish and maintain liberty, independence, justice, and peace
for ourselves and posterity, do ordain and establish the
following Constitution and form of government.
ARTICLE I: PURPOSE OF GOVERNMENT
The sole object and only legitimate end of government is to
protect and defend the rights, liberty, life, and property of
every individual person, and when government assumes or performs
any other functions, it is usurpation and oppression.
ARTICLE II: DECLARATION OF RIGHTS
The state and all local governments herein shall recognize and
uphold the fact that all rights are natural and sovereign; that
only individual people have rights, among which are liberty,
life, and property; that there is no such thing as collective
rights in any form; and that government shall not interfere
except to rectify the violations of people's rights. To
assist in the protection of these rights, we declare:
Sec. 1. People source of power, civil order.
That all political power is inherent in the people, and all
free governments are founded on their authority and instituted
for their benefit; that government is the servant of the people
and not their master; and that no person, group, or government
shall initiate force against any other person, group, or
Sec. 2. Equality and rights.
That all people are equally free and independent; that every
person has the right to exercise sole dominion over his own body,
life and property, and to live in whatever manner he chooses, as
long as he does not forcibly interfere with the equal rights of
others to live in whatever manners they choose.
Sec. 3. Right to individuality.
That government shall recognize that every person is a
distinct individual, and shall not regulate or tamper with any
person's lifestyle or the use of his property, nor mandate
conformity or any other condition contrary to the principles or
desires of any person.
Sec. 4. Private property.
That government shall recognize the sanctity of all private
property and shall not commit any trespass, violation, taking,
seizure, occupation, condemnation, or any other act against the
person, home, farm, land, business, vehicles, personal effects,
or other property of any person; nor shall government impose any
form of land use regulation, zoning, building codes, leins, or
any other impediment to anyone's property in any area without
the unanimous consent of all concerned; and that government shall
not perform, or cause to be performed, any surveillance,
inspections, overseeing, appraisals, mandates, or any other
intrusive acts on private property.
Sec. 5. Right to work, exclusive contracts.
That all persons shall retain the right to work, practice
professions, make contracts, buy and sell, and earn their livings
in any manners they choose that do not violate the rights of
others; that no authority shall restrict, impair, prohibit,
mandate, regulate, certify, license, tax, or in any other way
interfere with anyone's lawful livelyhood, workplace, farm,
factory, or business; that certification and other approval or
recognition shall be left exclusively to the private sector and
shall not be mandated; that government shall have no authority to
collect or compile data on any person or private home, land,
business, premesis, inventories, staff or employees thereof, nor
to create or assist any monopoly or privilege, nor to provide any
funding, assistance, or incentives to any person, business or
corporation, nor to grant any exclusive contract(s) to any person
or corporation for any services, including public services like
landfills, trash and garbage collection, electricity,
communication, water, gas, sewer, and all others not defined; and
that any and all persons and corporations wishing to provide
these shall be allowed to do so on an open, free, and competitive
market without any restrictions.
Sec. 6. Slavery and involuntary servitude.
That no form of slavery, conscription, involuntary servitude,
nor the taking of the fruits of any person's labor shall
exist, except for a reasonable and humane amount for the
punishment of crime, of which the party has been lawfully
Sec. 7. Self endangerment.
That the purpose of law is solely to protect people from the
wrongful acts of other people; and that no law shall be passed or
enforced to protect a person from himself or to punish him for
any act that only causes injury to himself.
Sec. 8. Privacy.
That government shall not use its power, authority, or
resources to invade the privacy of any person.
Sec. 9. Open borders.
That the borders of the state shall remain open; that travel
and the importing and exporting of goods and services shall not
be prohibited, impaired, mandated, taxed, supervised, overseen,
or otherwise manipulated; and that no citizen shall be
Sec. 10. Right to transportation.
That, except for private roads and facilities on private
property, all roads, highways, bridges, tunnels, waterways,
airspace, shores and wharves, including the right to operate
vehicles and all modes of transportation thereon and therein,
shall forever be open and free for all people to use without fee,
tax, impost, or toll; that no persons or officials shall
willfully obstruct traffic, and that no roadblocks, checkpoints
or other traffic impeding devices or actions, nor any cameras or
other surveillance or tracking devices or actions, nor excessive
numbers of signals or other control devices or unreasonable speed
limits shall be installed or imposed.
Sec. 11. Public transportation.
That all forms of public transportation (taxis, jitneys,
buses, trucks, boats, planes, etc.) shall be privately owned and
operated in a free market without government input, financing,
regulation, licensing, restrictions, or mandates; that all public
roads, highways, waterways, and airspace shall be free for their
use; and that all fares and rates shall be controlled by a free
market and not by law.
Sec. 12. Public works.
That all infrastructure and land bought, built, maintained, or
financed by public revenues shall be considered public property
and available and open for the public's use; that a majority
vote in a referendum shall be required before any new public
building, highway, bridge, or other public works project or
program, or replacement, expansion, or improvement thereof may be
bought, sold, constructed, or demolished, or land purchased,
obtained, sold, given, or dispersed for same; and that the
maximum total price of the project or program shall be stated and
fixed in the referendum and never exceeded.
Sec. 13. Wage, rent, and price controls.
That government shall not set, dictate, regulate, or otherwise
interfere with the free market on wages, prices, rents, fares,
and other remunerations for goods and services except for the
enforcement of laws against willful deception and fraud.
Sec. 14. Right to own and bear weapons.
That every individual shall retain the right to own, keep,
collect, carry, buy, sell, manufacture, distribute, import,
export, and use firearms, ammunition, and other weapons for
recreation, hunting, and the defense and protection of himself,
others, and property; and that authorities shall not prohibit,
mandate, record, register, regulate, license, tax, or otherwise
interfere with anyone's right to weapons and accessories.
Sec. 15. Self protection.
That every person has the right to protect and defend himself,
his family and friends, and his property from all other people
who seek to do harm, and any animals likely to do harm; and that,
within reason, he may use any force, including deadly force, he
deems necessary to abate the threat.
Sec. 16. Suffrage.
That all legal residents of the state over the age of 21 years
who have lived in the state for one year or more shall have the
right to a secret vote in all public elections for their
representatives and on referendums on public issues.
Sec. 17. Elections, candidates.
That the state and all local governments herein shall hold a
general election every two years, and no term for any office
shall exceed two years; that a runoff election shall be held in
every case where no candidate gets a majority vote; that all
persons who are qualified to vote shall retain the right to run
as candidates, either independently or as party members, for any
public offices where they meet minimum age and residency
requirements; that no fees, petitions, paperwork, or other
additional qualifications or requirements shall be placed on any
candidates; that all campaigns shall be privately funded, and no
candidates shall be publicly funded or assisted; that no
candidates shall be denied participation in any public rallies,
debates, or forums; and that the votes of the people shall make
the decisions on who is best qualified.
Sec. 18. Ballots, ballot access.
That all ballots shall be printed in a uniform manner; that
the names of all candidates running for each office shall be
listed alphabetically; that all candidates shall have their names
placed on the ballots; and that no law shall be passed or
enforced to limit or deny ballot access to any candidate or
Sec. 19. Write-ins, "None of the Above."
That for every office on every ballot in every election, below
the last candidate's name for each office, a blank space
marked "write in" shall be provided for any elector to
write in the name of any adult person he chooses that is not
listed; that the choice of "None of the above" or
"NOTA" for each office shall also be provided; that all
write-ins and NOTAs shall be counted as legal candidates and duly
recorded; and that in the event "None of the above" or
"NOTA" should win a majority of the vote, either
outright or in a runoff, that office shall remain unfilled and
unfunded until the next general election or until a special
election with a new slate of candidates is completed.
Sec. 20. Primary elections.
That every political party or group shall be allowed to have
its own option in selecting its candidates--whether by a primary
election, caucus, convention, or any other method; and that all
primary elections and other nominating procedures shall be
privately funded, and that public funds shall not finance the
nominating activities of any party, either in whole or in
Sec. 21. Right to peaceably assemble and petition for redress
of grievances, etc.
That every person has a right, in a peaceable manner, to
assemble together and apply to those with the power of government
for redress of grievances or other purposes, by petition,
address, or remonstrance; and that no use of public property
shall be denied for this purpose.
Sec. 22. Initiative and Referendum.
That the people shall retain the right of redress by
initiative and referendum; that upon the presentation of a
petition bearing the signatures of 10% of the qualified electors
to pass a new law, or 5% of the qualified electors to repeal a
law, shall have the right to initiate a referendum on the next
general election ballot; that the time allowed to collect
signatures per petition shall be uniform and not be less than one
year nor more than 18 months; that all referendums, whether
initiated by the people or the legislature, shall be on general
election ballots; and that referendums to pass new laws shall
require 2/3 supermajorities, but referendums to repeal laws shall
require only simple majorities.
Sec. 23. Recall.
That the people, upon the presentation of a petition bearing
the signatures of 5% of the qualified electors, shall have the
right to immediately call a special election to remove from
office any elected or appointed official(s) they deem unfit for
Sec. 24. Freedom of speech and press, censorship.
That censorship by law shall be prohibited; that no law shall
curtail or restrain the liberty of speech, press, radio,
television, telephone, internet or any other form of
communication or commerce; and that any person may speak, write,
publish, broadcast, buy, sell, and transfer his sentiments on all
Sec. 25. Religious, educational, housing, health care,
insurance, welfare, and charity freedom.
That no religion, education, housing, health care, insurance,
welfare, charity, or facilities thereof, shall be established or
maintained by law; that no preference shall be given by law to
any of the above; that, except to provide needs for prisoners and
others detained by law, no public funding shall be collected for
any of the above; that no one shall be compelled to perform or
not perform any of the above; nor compelled to pay any tithes,
taxes, fees, labor, or any other rate for building or maintaining
any of the above; that no person shall be required to submit to
mandates or restrictions regarding any of the above; and that no
person shall be denied civil rights, privileges, capacities,
careers, offices, or public trust due to his beliefs, disbeliefs,
performances, or non-performances of any of the above.
Sec. 26. Child care.
That child care is exclusively the right and responsibility of
the parents and guardians; that no child care programs shall be
established or maintained by law, nor financed by public funds;
and that no one, including any sperm donor, shall be compelled to
pay any tithes, taxes, fees, labor, or any other rate for the
care of other people's children.
Sec. 27. Care of the poor and underprivileged.
That all programs for the care of the poor and underprivileged
shall be limited to private entities, and none shall be
established or maintained by law; and that no compulsory labor,
taxes, fees, or other rate shall be imposed or collected for this
Sec. 28. Funding from outside sources.
That neither the state nor any local government herein shall
accept any funding or other assistance, from the federal
government, another state, or any other outside source, to
establish or maintain any program or project; nor offer or
provide any funding or other assistance to any government or
other entity for any program or project.
Sec. 29. Mandates.
That no law shall mandate any person to subscribe to or pay
for any public or other service he does not want, nor mandate any
local government to provide any program or project, implement or
raise any tax or fee, increase spending, or increase, regulate or
fix any salaries or other remuneration for employees or
Sec. 30. Ex post facto laws; impairment of contract
obligations; irrevocable or exclusive grants or special
privileges or immunities.
That no ex post facto law, nor any law, imparing the
obligations of contracts, or making any irrevocable or exclusive
grants of special privileges or immunities, shall be passed or
Sec. 31. Titles of nobility, hereditary distinction, etc.
That no title of nobility or hereditary distinction,
privilege, honor, or emolument shall ever be granted or
conferred, and that no office shall be created or maintained that
has an appointment time greater than two years.
Sec. 32. No state immunity.
That the state and all local governments herein shall be
subject to all laws that apply to its people.
Sec. 33. Eminent domain.
That all eminent domain proceedings shall be only for
legitimate, essential public uses (roads, bridges, tunnels,
railroads, waterways, pipelines, power and communication lines,
etc.), and that all have also received prior approval by the
people in referendums; that no private property shall be taken or
applied to any use until after sufficient compensation for an
equal replacement is made therefor; nor shall private property be
taken for restricted or private use without the uncoerced consent
of every owner; that no private property shall be taken or
condemned for public housing, urban renewal, slum removal, tax
base enhancement, employment enhancement, or any industry,
industrial park, subdivision, shopping center, mall, or any other
private project, provided, however, to provide access to
landlocked land, the legislature may by law secure to its
owner(s) a right of way up to 30 feet wide over the lands of
other persons or corporations provided that just compensation
shall in all cases be first made to the owner(s); and that
eminent domain shall not be so construed as to allow taxation or
forced subscription for the benefit of any person, corporation,
association, or government.
Sec. 34. Population enhancement and control.
That no program shall be provided or maintained to stimulate
or increase population or immigration, provided, however, in a
case of need and after an approval by a referendum, programs may
be provided to limit unwanted births by providing birth control
pills, IUD's, condoms, sterilization, and any other methods
Sec. 35. Quartering of soldiers or officials in houses.
That no soldier or official, or suboordinate, associate, or
employee thereof, in time of war or peace, shall be quartered in
any house without the uncoerced consent of the owner and just
compensation paid thereto.
Sec. 36. Standing army.
That no standing army shall be kept, and no appropriation for
its support shall be made, without the consent of the legislature
and the people.
Sec. 37. Martial law.
That martial law, in time of war or peace, shall never be
implemented or maintained by any authorities.
Sec. 38. Evacuations and quarantines.
That all evacuations and quarantines shall be strictly
voluntary, and that authorities shall be limited to advising,
assisting, maintaining order, and protecting people and
Sec. 39. Unreasonable search and seizure; search warrants.
That all people shall be secure in their persons, vehicles,
houses, businesses, papers, possessions, communications, and
transportation from unreasonable searches and/or seizures; and
that no warrants shall be issued to search any person, place or
vehicle, or to seize any person or thing without probable cause
and supported by oath or affirmation.
Sec. 40. Rights of persons in criminal and civil prosecutions
generally; self-incrimination; due process of law; right to
speedy, public trial; change of venue.
That in all criminal and civil prosecutions, every accused has
the right to be presumed innocent until proven guilty beyond
reasonable doubt; to be heard by himself and counsel; to demand
the nature and cause of the accusation, and to have a copy
thereof; to be confronted by the witnesses against him; to have
compulsory process for obtaining witnesses in his favor; to
testify in all cases, in his own behalf, if he elects so to do;
and, in all prosecutions, a speedy, public trial, by an impartial
jury of the county or district in which the offense was
committed, and not incarcerated for more than seven days while
awaiting trial; and he shall not be compelled to give evidence
against himself or others, nor be deprived of liberty, life, or
property, except by due process of law; but the legislature may,
by a general law, provide for a change of venue at the instance
of the defendant.
Sec. 41. Accusation, arrest and detention; punishment limited
to laws established prior to offense; victim must approve
prosecution; frivolous charges; statutes of limitations.
That no person shall be accused, arrested, detained, fined, or
punished, unless all of the following qualifications are met:
a. the cases are ascertained by law, and according to the form
which the same has prescribed; and
b. the law has been established and promulgated prior to the
offense and legally applied; and
c. the victim voluntarily files charges for a legitimate
injury, in writing and under oath, and without coercion or
duress, or there are victims who have been killed or otherwise
rendered incapable of filing charges as a result of the offense;
d. the charge is not of a frivolous or trivial nature; and
e. a statute of limitations has not expired, which shall be
ten (10) years for homicide, rape, kidnapping, robbery, severe
bodily harm, arson, hijacking, and acts of violence or terror,
and three (3) years for all other offenses.
Sec. 42. Victims required for prosecution.
That no person shall be accused, arrested, detained, fined, or
punished in any case where there is no victim; that a victim
shall be defined as another person who has involuntarily suffered
bodily harm, loss of freedom, or loss of property as a result of
a willful and unprovoked act by the defendant; and that animals,
objects, and the defendant himself do not in themselves qualify
Sec. 43. Proceeding against person by information.
That no person shall, for any indictable offense, be proceeded
against criminally, by information.
Sec. 44. Accidents, acts of nature, non-acts, accessories.
That no person shall be charged, either civilly or criminally,
for a bona-fide accident done in good faith and without malice,
for any act of nature or acts of other people or animals beyond
his control, nor for any non-act that was not part of a contract
to which he had previously agreed, nor for the damages to another
who was the victim of his own carelessness; and that no person
shall be charged as an accessory to any misdeed for mere presence
and not having willfully and knowingly performed or assisted the
Sec. 45. Double jeopardy.
That no person shall, for the same offense, be twice put in
jeopardy of liberty, life, or property.
Sec. 46. Right to bail; excessive bail.
That all persons shall, before conviction, be bailable by
sufficient sureties, except for capital offenses, when the proof
is evident and the presumption great; and that bail beyond any
person's annual income shall not in any case be required.
Sec. 47. Habeas Corpus, corpus delicti.
That the right of the writ of habeas corpus shall not be
suspended by any authorities; and that a corpus delicti shall be
produced for a conviction.
Sec. 48. Right to trial by jury.
That the right of trial by jury shall remain inviolate; that
juries shall be selected at random; that no judge or prosecutor
shall strike or disqualify any juror for any reason; and that a
unanimous verdict of guilty beyond reasonable doubt from 12
jurors shall be required for a conviction.
Sec. 49. Right to serve on juries.
That every person of over 21 years of age shall have the
right, but not a mandate, to serve on juries; shall have the
right to volunteer for duty if he has not served within two
years, or sooner if the state has an urgent need; shall retain
the right to excuse himself if he objects or feels he cannot
render an unbiased verdict; shall retain the right to re-schedule
his duty if he will be absent or has other obligations; and shall
retain the right and be informed by the court that the jury, not
the judge or prosecutor, has the sole right to determine the
defendent's guilt or innocence, the validity of the law, and
Sec. 50. Juveniles; immaturity; insanity.
That the jury shall have the sole discretion on any leniency
due to a defendant's age, immaturity, or insanity on a case
by case basis; that commitment to mental care shall not exceed
the time the defendant would otherwise spend in jail or prison;
and that no person shall be involuntarily committed to detention,
mental care or treatment who has not been lawfully convicted of a
Sec. 51. Courts to be open; remedies for all injuries;
impartiality of justice.
That all courts shall be open to all persons; that court costs
shall not be imposed; and that every person, for any injury done
him, in his lands, goods, person, or reputation, shall have a
remedy by due process of law; and right and justice shall be
administered without sale, denial, or delay.
Sec. 52. Excessive fines and sentences; cruel or inhumane
punishment; magnitude of punishment; care of prisoners.
That excessive fines or sentences shall not be imposed; that
cruel or inhumane punishment, any form of torture, deliberate
infliction of pain or discomfort, interrogation or coercion to
extract confessions or other information, or any form of abuse by
either staff or other inmates, shall be prohibited; that the
magnitude of any punishment shall not be disproportionate to the
magnitude of the offense; that options to incarceration shall be
offered whenever practical; that prisoners shall not be denied
basic needs, nor denied communication with friends, family and
counsel; and that no prisoner, in addition to his sentence, be
forced to labor, pay for his own incarceration, or otherwise help
make incarceration a profitable venture.
Sec. 53. Prisoners' work opportunities.
That prisoners shall be allowed opportunities to earn
reasonable wages, either in prison or on work release; that they
be allowed to keep, retain, and accrue all that they earn; that
safekeeping be provided for their earnings; and, upon release,
every prisoner (or family in case of death) shall receive his
full accrued earnings.
Sec. 54. Capital punishment, incapacitation,
That capital punishment shall be imposed only in cases of
intentional homicide and in vicious acts of terror, bodily harm,
sexual molestation, or massive property destruction, and then
only by means of a swift and humane procedure; and that with the
exception of castration and sterilization, done in a humane
manner, for vicious and violent acts, to help suppress violent
tendencies, allow earlier and safer releases, and to help prevent
the propogation of criminals, all forms of amputation,
dismemberment, bodily incapacitation, forced medication,
tattooing, and disfigurement shall be prohibited.
Sec. 55. Protection of prisoners' property.
That the home and other property of every prisoner during
incarceration shall be protected and returned to him complete and
in good condition after release.
Sec. 56. Proceedings against property.
That no property shall be seized, confiscated, withheld, or
otherwise taken for any reason unless it has been proven to have
been stolen or otherwise unlawfully obtained.
Sec. 57. Restitution.
That restitution shall, where applicable, be the punishment of
choice; and that the victims, and not the state or local
governments or authorities, shall be the sole beneficiaries; and
that restitution be reasonable, and not excessive.
Sec. 58. Imprisonment for debts, traffic violations,
That no person shall be imprisoned for debt, traffic
violations, or for nonpayment or nonfiling of taxes.
Sec. 59. Animal cruelty.
That although animal cruelty is inhumane, immoral and should
be voluntarily discouraged, animals are property and not people,
and therefore, there shall be no law or penalty imposed for
animal cruelty other than laws applying to property in
Sec. 60. Marriages.
That all marriages are private contracts between individuals,
and other than enforcing these contracts, there shall be no law
to sanction, regulate, license, or prohibit any marriage or
divorce of persons of 18 years and older, or to charge any fee or
other compensation for any marriage or divorce.
Sec. 61. Right to prosecute civil cause.
That no person shall be barred from prosecuting or defending
before any tribunal in this state, by himself or counsel, any
civil cause to which he is a party.
Sec. 62. Election of law enforcement officials.
That, except for their suboordinates, and emergency temporary
appointments due to death, etc., all sheriffs, constables,
police, and other law enforcement officials shall be elected by a
vote of the people, for terms not greater than two years, and
none appointed; and that all law enforcement personnel shall be
responsible and accountable for the conduct of themselves and
Sec. 63. Public officials.
That all public officials, and especially lawmakers, be openly
accountable and available for public scrutiny and questioning on
any bills, votes, and public affairs with which they are
Sec. 64. Open sessions.
That all sessions of the legislature, county commissions, city
councils, and others where laws are made and/or public monies are
spent, collected, or dispersed, shall be open to all persons and
members of the press and other media; and that all members of the
public shall have the right to witness all activities therein,
and shall also have the right to bring in cameras, recorders, and
other devices of their choosing to document and publish the words
and actions of all officials and their associates.
Sec. 65. Length of sessions.
That regular sessions of the state legislature shall last no
more than two months, contain no more than 20 legislative days,
be held only within three months prior to a general election, and
never more frequently than once per two-year term; that special
sessions shall be limited to no more than two per year and last
no more than 20 calendar days and 10 legislative days; and that
county commissions, city councils, and all other local bodies
shall meet no more than one day per month.
Sec. 66. Voice votes.
That no law shall ever be passed on a voice vote where any
representitives do not record their names on a vote; that every
bill shall have the names of the sponsors and who votes for and
against it on public record; and that all prior laws passed on
voice votes shall be null and void.
Sec. 67. Public records.
That all public records, including all laws and bills in the
legislature and local governments, shall be written in plain,
clear, readable English, and be easily understandable by ordinary
people; and that they shall at all times and without cost be open
for public inspection and be readily available in courthouses,
libraries, and on the internet.
Sec. 68. Public property.
That all public property paid for and maintained by the people
shall be open without cost for public use by all people, and that
no people shall have special privileges in the use of public
property that others do not have.
Sec. 69. Salaries of public employees, officials.
That the salaries of all public employees, officials, and
elected representitives be no higher than comparable salaries in
the private sector; that every requested raise in a public salary
be approved by a majority of the people in a referendum in a
general election; and that whenever a raise is requested, a third
choice of a reduction by the same percentage as the requested
raise shall be provided, and if the reduction wins a majority
vote, the reduction shall be implemented instead of the
Sec. 70. Municipalities.
That no municipality may be incorporated without the unanimous
written consent of all property owners, residents, and business
proprietors within; and that a municipality and all government
programs therein shall be dissolved upon the presentation of a
petition with the consent of all residents and property
Sec. 71. Municipal services.
That no police, fire, water, sewer, trash or garbage
collection, or other municipal entity, nor the funding to finance
same, shall be mandated, nor created without the express written
and voluntary consent of every resident, business proprietor, and
property owner within the affected area; and that no police
jurisdiction, nor water or sewer lines, nor any other municipal
entity, shall extend beyond any municipality's corporate
limits; and that no municipal taxes or regulations shall be
imposed into any area beyond its corporate limits.
Sec. 72. Annexations and de-annexations.
That no land shall be annexed into any municipality or police
jurisdiction without the express and voluntary written consent of
every resident, business proprietor, and property owner within
the proposed area to be annexed; and that owners of any block of
land within a municipality that adjoins its corporate limits
shall have the right to mandate de-annexation upon the
presentation of a petition signed by every resident and property
Sec. 73. Rural area independence.
That all property owners, businesses, and residents in rural
areas statewide shall retain the right to be independent from any
intrusions, regulations, taxes, and costs of any
Sec. 74. Taxation and revenue.
That polls, incomes, gross receipts, value added, capital
gains, use, general sales, property, inheritance, licenses,
permits, and others not defined shall not be subject to taxation,
fees, or other costs; that state and local revenues shall be
derived only from voluntary contributions and taxes of no more
than ten percent on alcoholic beverages, tobacco products,
recreational drugs, gambling, and/or a state lottery, provided
that each be first approved by a referendum and subject to
renewal by referendum every 10 years; that funds earmarked
exclusively for the construction and maintenence of highways,
roads, bridges, and tunnels may also be generated with a fuel tax
that totals no more than ten percent, provided it is also
approved by referendum and subject to renewal by referendum every
10 years; that every proposed increase in taxes or state or local
expenditures shall be subject to a referendum where a third
choice of a reduction by the same percentage shall be provided,
and if the reduction wins a majority vote, the reduction shall be
implemented instead of the increase; that state and local
governments shall not go into debt, issue bonds or other
obligations, or spend in any year more than the revenues
collected during the previous year; and that when government
faces financial difficulty or resistance from taxpayers, it shall
recognize the people's mandate that government shall downsize
and reduce its expenditures.
Sec. 75. No tax on use of rights.
That no tax, fee, or other cost shall be imposed onto any
person for the exercise of any rights in this declaration, or any
others not defined.
Sec. 76. Other rights.
That this enumeration of certain rights shall not impair or
deny others retained by the people; and that government at any
leval shall not assume or perform any act that is not
specifically permitted in this Constitution, and to guard against
any encroachments, we declare that everything in this Declaration
of Rights is excepted out of the general powers of government,
and shall forever remain inviolate.
Sec. 77. Secession.
That the people of the state are sovereign and independent,
and to protect that sovereignty, they shall reserve the right, in
a referendum, to secede as an independent nation at any time the
federal government or any other outside body imposes unreasonable
Sec. 78. Revisions to Constitution.
That amendments to this Constitution shall be passed only in
referendums in general elections; that all general amendments
shall require a 2/3rd supermajority to pass; that a motion to
re-write this Constitution shall require a 3/4 supermajority, and
provided that this Declaration of Rights is retained and remains
intact; that no rights shall be excised; and that rights may be
added to this Declaration by a 3/4 supermajority, but all rights
shall be defined as individuals' independence from government
and not special privileges or rights to government programs.
Sec. 79. Repeal of conflicting laws.
Upon ratification, all existing laws that conflict with this
Declaration of Rights are hereby repealed.